What happens to an estate if there is no will?

When an individual passes away without leaving behind a will, their estate is said to have died “intestate”. In California, the intestacy laws provide a specific legal framework that determines how an individual’s estate is divided when a will is not present. Generally, intestate estates are given to the deceased’s closest surviving relatives. Intestate laws are based on the state’s Probate Code and typically prioritize a surviving spouse, then children, then parents, and then siblings or other extended family members. In some cases, if there are no living relatives, the estate will go to the state. In addition, if an individual does not have any living relatives, it is important to note that their estate will not go to the state automatically. In that case, the estate will go through the probate process, where the court will appoint an executor or administrator in order to deal with the deceased’s assets. The executor is responsible for collecting and managing all the assets. The executor is then responsible for proving the validity of the will in the court, if a will exists. If not, then the executor is responsible for dealing with the state or heirs as provided by the intestacy laws. Ultimately, it is important to note that having a will is the only way to be sure that your assets are divided according to your wishes, instead of a state-mandated legal framework. Estate planning in California is a complex process, so it is important to always consult with an experienced attorney.

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What happens to an estate if there is no will?

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